Jurisprudence - Law Dictionary Search Results
Home Dictionary Name: jurisprudence Page: 5Portiliminium
Portiliminium, denotes the doctrine under which the territory, individuals and property, after having come in time of war under the authority of the enemy, return, either during the war or at its end, under sway of their original sovereign. Their mere possession in the course of war, does not suffice generally to transfer title or sovereignty as against the enemy owner or sovereign. The rights of the owner of sovereign are merely suspended rather than destroyed by temporary loss of possession and the legal state of things existing prior to the hostile occupation is re-established, Singhal's Jurisprudence, p. 259....
Search and seizure
Search and seizure, a 'search and seizure' is only temporary interference with the right to hold the property searched and the articles seized. A power of search and seizure is in any system of jurisprudence an overriding power of the State for the protection of social security and that power is necessarily regulated by law, M.P. Sharma v. Satish Chandra, AIR 1954 SC 300 (302): (1954) SCR 1077.The executive power of 'search and seizure' is a necessary concomitant of a welfare State. It tends to promote the well-being of the nation, Bishambhar Dayal Chandra Mohan v. State of Uttar Pradesh, AIR 1982 SC 33 (43). [Constitution of India, Artis. 162, 19(1)(g)(6) and 301]...
Sanction of a law
Sanction of a law, the provision for enforcing or promoting its observance. 'The evil which will probably be incurred in case a command be disobeyed, or (to use an equivalent expression) in case a duty be broken, is frequently called a sanction, or an enforcement of obedience. Or (varying the phrase) the command of the duty is said to be sanctioned or enforced by the chance of incurring the evil', Austin's Jurisprudence, 3rd Edn. pp. 91, 92....
Question of fact
Question of fact, is one capable of being answered by way of demonstration, a question of opinion is one that cannot be so answered. The answer to it is a matter of speculation which cannot be proved by any available evidence to be right or wrong. The past history of a company's business is a matter of fact, but its prospects of successful business in the future is a matter of opinion, Salmond on Jurisprudence, 12th Edn., p. 69: AIR 1994 SC 678.Means an issue that has not been predetermined and authoritatively answered by the law. An example is whether a particular criminal defendant is guilty of an offense or whether a contractor has delayed unreasonably in constructing a building, Black's Law Dictionary, 7th Edn., p. 1260.Question of fact might be stated in an issue without pleadings by consent (C.L.P. Act, 1852, s. 42), and may now be so stated under (English) R.S.C. Ord. XXXIV, r. 9.In general when a jury is sworn it decides all the issues of fact; but if there arise in the course ...
Quasi judicial
Quasi judicial, the expression 'quasi judicial' is not always used with clarity and accurately. Custo-dian, though not a court in the ordinary sense, is an authority which exercises judicial functions or functions analogous to the judicial, and thus he is described as a 'quasi judicial' authority, Parduman Singh v. State of Punjab, AIR 1958 Punj 63.It is a term that is ............ not easily definable. In the United States, the phrase often covers judicial decisions taken by an administrative agency -- the test is the nature of the tribunal rather than what it is doing. In England quasi-judicial belongs to the administrative category and is used to cover situations where the administrator is bound by the law to observe certain forms and possibly hold a public hearing but where he is a free agent in reaching the final decision. If the rules are broken, the determination may be set aside, but it is not sufficient to show that the administration is biasedin favour of a certain policy, or...
Judicalese
Judicalese, language used by courtx (judge) in their judgments, 'Profound scholarship from the summit seat puzzles the wit of the laity and the 'attorney' if judicalese, with the twists and turns of ratiocination makes judge picking jurisprudence read like a riddle wrapped in a mystery inside an enigma' [Higher Judicial Appointments - Arcane Process and Razzmatazz Protocol in Legally Speaking, p. 180 (182)] (Justice V.R. Krishna Iyer)...
Positive law
Positive law. A rule of conduct enforced by sovereign sanction, Consult Austin's Jurisprudence and Maine's History of Law. See MALA PROHIBITA; LAW....
Jurisprudentia est divinarum atque humanarum rerum notitia, justi atque injusti scientia
Jurisprudentia est divinarum atque humanarum rerum notitia, justi atque injusti scientia. Just Inst., 1, 1.-(Jurisprudence is the knowledge of things divine and human, the science of the right and the wrong.)-Sand. Just...
Gratuity
Gratuity, it is a kind of retirement benefit like the provident fund or pension. At one time it was treated as payment gratuitously made by the employer to his employee at his pleasure but as a result of a long series of decisions of industrial tribunals gratuity has now come to be regarded as a legitimate claim which workmen can make and which, in a proper case, can give rise to an industrial dispute. Gratuity paid to workmen is intended to help them after retirement, whether the retirement is the result of the rules superannuation or of physical disability, Indian Hume Pipe Co. Ltd. v. Workmen, AIR 1960 SC 251: (1960) 2 SCR 32.Gratuity is a retiral benefit and can be earned as a matter of right on fulfilling the conditions subject to which it is earned, any rule conferring absolute discretion not testable on reason, justice or fair play must be treated as utterly arbitrary and unreason-able and discarded, Sudhir Chandra Sarkar v. Tata Iron and Steel Co. Ltd., AIR 1984 SC 1064 (1071):...
International Law
International Law. I. Public Law: The law of nations, strictly so called, was in a great measure unknown to antiquity, and is the slow growth of modern times, under the combined influence of Christianity, intercourse, commerce and war.II. Private Law (Conflict of Laws): It is plain that the laws of one country can have no intrinsic force, proprio vigore, except within the territorial limits and jurisdiction of that country. They can bind only its own subjects and others who are within its jurisdictional limits; and the latter only while they remain therein. No other nation, or its subjects, is bound to yield the slightest obedience to those laws. Whatever extra-territorial force they are to have is the result not of any original power to extend them abroad, but of that respect which, from motives of public policy, other nations are disposed to yield to them, giving them effect, as the phrase is, sub mutu' vicissitudinis obtentu, with a wise and liberal regard to common convenience and ...
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